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(영문) 의정부지방법원 2018.04.13 2017고단4938
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On October 22, 2017, the Defendant driven a B-cap car under the influence of alcohol content of approximately 0.213% in a section of approximately 1.5m alcohol content at the same time from the off of the DNA coffee shop to the front of the 216 E-mail in the same city-ro e-mail.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A written statement related to a traffic accident;

1. Investigative reports, reports on the circumstances of the driver who is placed in driving, and inquiries about the results of crackdown on drinking;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (verification of drinking driving records);

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education, despite the fact that the defendant had been punished twice for the same crime, the defendant committed the crime in this case again. The defendant neglected his duty of care due to drinking at the time of the crime in this case, and went away from the right side of the road that was in progress due to his neglect of duty of care due to drinking, and was shocked and returned to the near. The defendant's act in this case cannot be excluded from the possibility of serious damage to a third party's body and property due to the crime in this case. Thus, the defendant's unfavorable circumstances, such as the fact that there is considerable social risk, and the defendant's favorable circumstances such as the defendant's age, occupation, sex, environment, motive and means of the crime in this case, the circumstances after the crime in this case, etc., shall be determined by comprehensively taking into account the various conditions of sentencing as ordered.

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